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File picture: Pexels

Parliament wants court to reject AfriForum’s application on land expropriation report

By Siyabonga Mkhwanazi Time of article published Sep 15, 2020

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Cape Town: Parliament has opposed an application by AfriForum to challenge that the report on the expropriation of land without compensation was unconstitutional.

In papers filed in the Western Cape High Court, chairperson of the joint constitutional review committee Mathole Motshekga has argued that the application by AfriForum was moot because the process has moved beyond the adoption of the report.

The report was adopted almost two years ago by the National Assembly. Parliament has since appointed an ad hoc committee on land expropriation, also chaired by Motshekga, to draft a Bill to amend Section 25 of the Constitution.

Motshekga has argued that the court must dismiss the application by AfriForum.

He said a number of processes had been followed since the matter was first tabled in Parliament.

"At the time of deposing to this affidavit these processes, which importantly fall under the auspices of a different parliamentary committee to the joint constitutional review committeep and which furthermore has moved far beyond the content of the report is ongoing," said Mothskega in the papers.

"Although those processes are ongoing it demonstrates that the applicant's relief is moot because Parliament has already adopted the report, the ad hoc committee has considered the report, among other things, and the ad hoc committee has published the Bill," said Motshekga.

He said there was no need for the application and the court should reject it.

The ad hoc committee was on Tuesday scheduled to meet over its plans to finalise the process on land expropriation, but the meeting was postponed.

The application by AfriForum against Parliament will be heard in the Western Cape High Court on Wednesday. | Political Bureau

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